Madras High Court
C.Gnanasekaran vs The Presiding Officer on 20 September, 2024
Author: J. Nisha Banu
Bench: J. Nisha Banu
W.A.No.472 & 473 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2024
CORAM
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
&
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.A.Nos.472 & 473 of 2018
C.Gnanasekaran ... Appellant in WA.472/2018
Leela Venkatanarayanan
W/o.B.Venkatanarayanan (died) ...Appellant in WA.473/2018
[Sole appellant B.Venkatanarayanan died
LR is substituted vide order dated 1/7/24]
Vs.
1.The Presiding Officer
Principal Labour Court
Chennai. ..R2 in WA.472/2018
..R1 in WA.473/2018
2.The Management of Rane
(Madras) Limited
Velacherry Main Road
Velacherry
Chennai-600 042 ....R1 in WA.472/2018
...R2 in WA.473/2018
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Prayer: Writ Appeals filed under Clause 15 of the Letters Patent as against the
Common Order dated 06.06.2014 passed in W.P.No.5107 of 2004 and 15326 of
2013.
For Appellants/Workman : Mr.K.M.Ramesh
For Respondent/Management : Mr.Gupta & Ravi
COMMON JUDGMENT
The above Writ Appeals are filed by the appellants-workman, aggrieved by
the order passed by the learned Single Judge, whereby, the impugned award
passed by the Labour court holding that non-employment of the workmen by the
Management is justified, was confirmed.
2. On 31.07.2024, we directed both the parties to appear before the Tamil
Nadu Mediation and Conciliation Centre with respective counsel in person on
09.09.2024 for mediation.
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3. Before the Mediation Centre, after mediation/conciliation, both parties
arrived at a settlement in the presence of Mediator/Conciliator and settled the
disputes and differences through the process of conciliation/mediation. On
04.09.2024, settlement was arrived and settlement agreement was entered into
between the parties. The terms of the settlement agreement is extracted
hereunder:-
W.A.472 of 2018
“SETTLEMENT AGREEMENT
“WHREAS
1. Disputes and differences had arisen between the parties hereto and
W.A.No.472 of 2018 was filed on 22/01/2018 before the Hon'ble
High Court of Madras.
2. The matter was referred to Mediation/Conciliation vide an order
dated 31/07/2024 passed by the Hon'ble JNBJ & PDBJ.
3. The parties agreed that G.Manjula Devi would act as their
Mediator/Conciliator.
4. Several meetings were held during the process of Mediation /
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Conciliation from 09/08/2024 to 04/09/2024 and the parties have with
the assistance of the Mediator/conciliator voluntarily arrived at an
amicable solution resolving the above-mentioned disputes and
differences.
5. The parties hereto confirm and declare that they have voluntarily
and of their own free will arrived at this Settlement Agreement in the
presence of the Mediator/Conciliator.
6. The following Settlement has been arrived at between the parties
hereto:-
A. The management hereby agrees to pay a sum of
Rs.9,00,000/- in full and final settlement of all his claims including terminal
benefits and claim made by the appellant in W.A.No.472 of 2018.
B. The appellant agrees to receive the sum of
Rs.9,00,000 before the Hon'ble Court in full and final settlement of all his
claims/arising out of the termination order dated 27/7/1982 issued to him
including the claim made in W.A.No.472 of 2018 and terminal benefits.
C. Both the parties agree to file a copy of the settlement
in the pending W.A.No.472 of 2018 and request the Hon'ble Court to take
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the settlement on file and pass appropriate order in W.A.No.472 of 2018
and thereby render justice.
7. By signing this agreement the parties hereto state that they have no further
claims or demands against each other with respect to W.A.No.472 of 2018 and all
disputes and differences in this regard have been amicably settled by the parties
hereto through the process of conciliation/Mediation.
Date : 04/09/2024.
Parties Signed. “
W.A.473 of 2018
“SETTLEMENT AGREEMENT
“WHREAS
1. Disputes and differences had arisen between the parties hereto and
W.A.No.473 of 2018 was filed on 22/01/2018 before the Hon'ble
High Court of Madras.
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2. The matter was referred to Mediation/Conciliation vide an order
dated 31/07/2024 passed by the Hon'ble JNBJ & PDBJ.
3. The parties agreed that G.Manjula Devi would act as their
Mediator/Conciliator.
4. Several meetings were held during the process of Mediation /
Conciliation from 09/08/2024 to 04/09/2024 and the parties have with
the assistance of the Mediator/conciliator voluntarily arrived at an
amicable solution resolving the above-mentioned disputes and
differences.
5. The parties hereto confirm and declare that they have voluntarily
and of their own free will arrived at this Settlement Agreement in the
presence of the Mediator/Conciliator.
6. The following Settlement has been arrived at between the parties
hereto:-
A. The management hereby agrees to pay a sum of
Rs.9,00,000/- in full and final settlement of all his claims including terminal
benefits and claim made by the appellant in W.A.No.473 of 2018 to the
legal heirs of the appellant.
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B. Both the parties agree that the legal heirs of the
appellant agree to receive the sum of Rs.9,00,000 before the Hon'ble Court
in full and final settlement of all claims arising out of the termination order
dated 27/7/1982 issued to the deceased B.Venkatanarayanan including the
claim made in W.A.No.473 of 2018 and terminal benefits.
C. Both the parties agree to file a copy of the settlement
in the pending W.A.No.473 of 2018 and request the Hon'ble Court to take
the settlement on file and pass appropriate order in W.A.No.473 of 2018
and thereby render justice.
7. By signing this agreement the parties hereto state that they have no further
claims or demands against each other with respect to W.A.No.473 of 2018 and all
disputes and differences in this regard have been amicably settled by the parties
hereto through the process of conciliation/Mediation.
Date : 04/09/2024.
Parties Signed. “
4. In terms of the above settlement agreement arrived at between the parties and
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as per the terms of settlement, today (20.09.2024) cheque for Rs.9,00,000/- in full
and final settlement had been handed over to the appellants in both Writ Appeals
and the appellants received the same.
5. Recording the above, Writ Appeal Nos.472 and 473 of 2018 are disposed of.
The settlement agreement shall stand form part and parcel of the record. Since the
matter is settled between the parties, the Registry shall refund the Court Fee as per
Rules in force. No costs.
[J.N.B.,J.] [P.D.B.,J.]
20.09.2024
nvsri
To
The Presiding Officer
Principal Labour Court
Chennai.
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W.A.No.472 & 473 of 2018
J. NISHA BANU, J.
and
P.DHANABAL, J.
nvsri
W.A.Nos.472 & 473 of 2018
20.09.2024
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